Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, and the cross motion is denied.
The Supreme Court improvidently exercised its discretion in granting the plaintiff's cross motion for leave to serve a late notice of claim approximately 11 months after the expiration of the 90-day statutory period (see General Municipal Law § 50-e [5]). The accident claim form processed by the defendant two...
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